Officer Involved Shooting of Armando G.
Los Angeles County Sheriff’s Department
Sergeant James Dillard, #292928
Deputy Victor Ekanem, #600077
J.S.I.D. File #17-0324
JACKIE LACEY
District Attorney
Justice System Integrity Division
November 7, 2018
1
MEMORANDUM
TO: CAPTAIN CHRISTOPHER BERGNER
Los Angeles County Sheriff’s Department
Homicide Bureau
1 Cupania Circle
Monterey Park, California 91755
FROM: JUSTICE SYSTEM INTEGRITY DIVISION
Los Angeles County District Attorney’s Office
SUBJECT: Officer Involved Shooting of Armando G.
J.S.I.D. File #17-0324
L.A.S.D. File #017-09153-2610-013
DATE: November 7, 2018
The Justice System Integrity Division of the Los Angeles County District Attorney’s Office has
completed its review of the June 22, 2017, fatal shooting of Armando G. by Los Angeles County
Sheriff’s Department (LASD) Sergeant James Dillard and Deputy Victor Ekanem. It is our
conclusion that the shooting of Armando G. was accidental and that there is no criminal liability in
this case.
The District Attorney’s Command Center was notified of the shooting on June 22, 2017, at
approximately 5:32 a.m. The District Attorney Response Team responded and was given a
briefing and a walk-through of the scene.
The following analysis is based on reports submitted to this office by Sergeant Troy Ewing and
Detective Theodor Baljet, LASD, Homicide Bureau. Sergeant Dillard and Deputy Ekanem
provided voluntary statements which were considered as part of this analysis.
FACTUAL ANALYSIS
On June 22, 2017, at 3:23 a.m., the LASD Palmdale Sheriff’s Station received a complaint for loud
music at 10th Street East. The location consisted of a single-story duplex at the front (west)
of the property and another duplex to the rear (east) of the property. There was a carport between
the two buildings, and a driveway extending down the north side of the property line. A wrought
iron fence ran along the front of the property with a rolling gate across the driveway. Three
couches sat in a semi-circle beneath the carport, surrounding a circular metal fire pit.
2
Aerial view of 10th Street East
View beneath the carport
Statement of Deputy Justin Auldridge
Upon arriving at the location, Auldridge heard music coming from the rear of the property.
Auldridge and Ekanem walked down the driveway. The music turned off as the deputies walked
into the carport area. Armando G. and another man were seated on the couches and two other men
were further east. A pit bull was roaming freely. The pit bull approached Ekanem and sniffed
3
him. The pit bull then approached Auldridge and bit him on the left knee as he leaned down to pet
it. Auldridge drew his service weapon and pointed it at the dog, as others called for the dog.
Armando G. and one of the other men chained the pit bull to a tree. Auldridge advised the group
why they were at the location then walked back toward the street.
Ekanem requested that a supervisor respond to the scene. Sergeant James Dillard arrived at the
location. Dillard and several other deputies walked back to the carport area to photograph the pit
bull. Auldridge remained at the driveway, but could hear the dog barking aggressively. Dillard
returned to his location and took photographs of the bite wound. At that time, Deputy Jeffrey
Shreves began yelling, “Hey! It’s coming! It’s coming! It’s coming!” Auldridge looked up to
see the pit bull running down the driveway toward them. It appeared that the dog was targeting
Ekanem. Ekanem attempted to evade the pit bull, however, the dog attacked Ekanem, biting at his
leg. Auldridge drew his service weapon and attempted to fire at the dog, but, did not have a clear
shot. Auldridge was focused on the pit bull and did not see anyone running after it.
Auldridge heard gunshots, but did not see who fired. The pit bull ran back toward the carport.
Auldridge also observed Armando G. running back toward the carport. Auldridge heard someone
screaming as he walked to the carport. Armando G. was lying on the ground and stated that he had
been shot in the chest. Deputies rendered aid to Armando G. until paramedics arrived. In addition
to the dog bite, Auldridge was struck by several bullet fragments.
Dog bite to Auldridge’s left knee
Statement of Deputy Victor Ekanem
Ekanem and Auldridge followed the sound of music to a center courtyard. Ekanem observed a
man sleeping in a car, two men sleeping on a couch and Armando G. standing in the courtyard.
Two seconds later, a pit bull charged at Ekanem. Ekanem took several steps back to avoid getting
bit. The pit bull then went toward Auldridge. Ekanem and two of the other men told Armando G.
to secure the dog. Armando G. called the pit bull to him then attached a chain to the dog’s collar.
4
Ekanem discovered that Auldridge had been bitten after walking to the front of the property.
Ekanem called for a supervisor and asked the front desk to contact animal control. Dillard arrived
and deputies returned to the courtyard to ensure that the pit bull was secured and to photograph it.
The deputies returned to the front of the location. While talking about the incident by the front
curb, Ekanem turned around and observed the same pit bull charging toward him. The dog was
nearly at the front gate. Based on the fact that the dog had just bitten Auldridge, Ekanem believed
the dog was about to attack him. Ekanem took several steps back and momentarily lost his footing
as he fell off the curb. The pit bull jumped at him. Ekanem could not tell what part of his body
the pit bull was targeting, but believed it was about to cause serious injury. Fearing for his safety,
and the safety of the other deputies, Ekanem drew his service weapon and fired at the pit bull.1
Ekanem’s sole focus was on the pit bull. After he fired, Ekanem heard Armando G. screaming as
the pit bull ran back into the courtyard.
Ekanem went to the courtyard and observed Armando G. lying on the ground with a gunshot
wound to the chest. Dillard requested an ambulance.2 Ekanem searched unsuccessfully for the pit
bull while other deputies rendered first aid.
Statement of Sergeant James Dillard
Dillard responded to the location regarding a dog bite to a deputy. Dillard met the deputies on the
street at which time Auldridge showed Dillard a dog bite to his knee. Dillard walked to the carport
area and observed a pit bull on a chain. The chain held the dog as it repeatedly lunged toward the
deputies. Dillard took several pictures of the dog and the area where the bite occurred. Dillard
noticed a man sleeping on a couch and a second man sleeping in a car. Neither responded when he
shined a flashlight at them or tried to awaken them verbally. As he walked back toward the street,
Dillard observed Armando G. Armando G. told Dillard that he stayed at the location when he was
not on good terms with his family. Armando G. did not respond when Dillard asked if he owned
the dog.
While standing at the driveway, the deputies were discussing who would transport Auldridge to
the hospital when a deputy said, “Hey! Here he comes.” Dillard turned and saw the pit bull
“trotting” from the darkness of the driveway. Armando G. was walking behind the dog. One of
the deputies attempted to shut the sliding gate to keep the dog on the property, but, it would not
move. At that time, the pit bull noticed the deputies and “flew” toward them. Dillard believed that
Armando G. had “sicked” the dog on the deputies. Dillard backed up and drew his service
weapon. Ekanem also drew his service weapon. The pit bull charged toward Ekanem and
aggressively jumped at him. Dillard moved toward Ekanem to help him. The dog landed and
circled back toward Ekanem. The pit bull then appeared to head toward Dillard. Dillard fired his
service weapon.3 The dog turned and ran away. Armando G. ran after dog. Seconds later, Dillard
heard a yell. Dillard walked back to the carport area to detain Armando G., believing he had the
dog attack the deputies. Dillard saw Armando G. lying on the ground. Dillard requested
paramedics respond to the scene.
1 An examination of Ekanem’s firearm revealed that he fired four rounds. 2 Dillard requested an ambulance at 3:34 a.m. 3 An examination of Dillard’s service weapon revealed that he fired two rounds.
5
Statement of Deputy Jeffrey Shreves
Shreves walked to the property south of the location and attempted to look over the wall to see
who was playing the music. Auldridge and Ekanem walked down the driveway. Shreves heard
the music turn off and the deputies speaking with someone. Shreves walked toward the back of
the property to join them. Shreves observed a large pit bull lunging and snapping at Auldridge.
Auldridge jumped back and pulled his service weapon, pointing it at the dog. Ekanem also pointed
his service weapon at the pit bull. One of the deputies yelled, “Get your pit bull! Get your pit
bull!” Auldridge stated that the dog had bit him. Eventually, the pit bull was chained to a tree.
Armando G. agreed to keep the music volume down. The deputies walked back to the front of the
property. Shreves went back to the carport when Dillard arrived. The pit bull was chained to a
tree, but acting aggressively. The deputies returned to the street.
While Dillard was taking photographs of the dog bite, Shreves heard the sound of a dog running.
Shreves saw the same pit bull halfway down the driveway, charging toward the deputies at full
speed. Shreves yelled, “Look out! Look out! Here it comes! Here it comes!” The other deputies
turned around as the pit bull leaped toward them. Shreves thought he was going to have to shoot
the dog, but the other deputies were in his line of fire and he could not take the shot. Shreves
heard several gunshots and was struck in the leg by a bullet fragment. Shreves heard the pit bull
whimper and tumble to the ground before returning to the rear of the property. Shreves heard a
voice say, “Oh, fuck!” Shreves walked to the carport area to look for the pit bull and observed
Armando G. lying on the ground bleeding.
Statement of Kishawna S.
Kishawna S. resides in Unit 1 and owned the pit bull. Kishawna S. allowed Armando G., Nicholas
P., Larry B., Auvil O. and John B. to stay at her place because they were homeless.
Kishawna S. fell asleep in her living room around 11:45 p.m. Larry B., Auvil O. and John B. were
playing videos and listening to music in the living room. Nicholas P. and Armando G. were
outside the apartment. The pit bull was chained to a tree in the back yard.
Kishawna S. was awakened by deputies knocking on her front door. Deputies advised her that her
dog had bitten a deputy. Kishawna S. found the dog lying on the bathroom floor, bleeding from
his paws. Kishawna S. did not hear any gunshots.4
Ballistic Evidence
The following photographs depict the six bullet impacts documented at the scene. They were
labelled A through F.
4 The other witnesses were interviewed by investigators. Nicholas P. was asleep in a car and did not see or hear the
shooting. John B. was asleep on an outside couch and was awakened by two to three gunshots, but did not see the
shooting. Larry B. and Auvil O. were inside the apartment and did not see or hear the shooting.
6
7
Close up of bullet impacts
Close up of bullet impacts
8
Close up of bullet impacts
Location of Bullet Impact F – North Cinderblock Wall
Autopsy Report
Los Angeles County Deputy Medical Examiner Lawrence Nguyen, M.D., performed a postmortem
examination of Armando G. on June 27, 2017. Death was ascribed to a gunshot wound to the
chest. There was no exit wound. The entry wound was irregularly shaped with irregular marginal
abrasions. There was no soot or stippling present. A projectile was recovered within the right
upper lung lobe. It was a deformed, medium caliber, copper-jacketed lead bullet.
It is Nguyen’s opinion that the bullet struck a hard object prior to striking the victim. The entry
wound was atypical. It was large with ragged edges. A typical entry wound has a smooth, round
shape. The most common explanation for the atypical entry wound is that the bullet ricocheted off
something before entering the victim. The bullet’s flattened, deformed shape indicates that at
some point, it struck something hard. However, there were no impacts in the body to explain the
deformity. The bullet did not strike any bones. Finally, the lack of an exit wound indicates that
the bullet lost velocity before entering the victim. A bullet loses velocity when it hits something
9
hard. The bullet only passed through tissue in the body. The fact that the bullet remained in the
body is consistent with it hitting something hard before entering the victim.
Entrance wound to chest Recovered projectile
Necropsy
The pit bull weighed 73 pounds. The dog sustained a through and through gunshot wound to the
top of the right ear. The wound trajectory was from front to back. There was stippling present on
the front of the ear, indicating it was a close-range gunshot wound. The dog sustained a second
gunshot wound to the web of the left front paw. The pit bull was euthanized due to bilateral
pulmonary hemorrhaging of the lungs and associated shock.
Ballistic Analysis
The bullet recovered during the autopsy was examined to determine which of the deputies’ service
weapons fired it. The LASD criminalist determined that the general rifling characteristics of the
bullet were consistent with Dillard’s weapon.
LEGAL ANALYSIS
The use of deadly force in self-defense or in defense of another is justifiable if the person
claiming the right actually and reasonably believed (1) that he or the person he was defending
was in imminent danger of being killed or suffering great bodily injury, (2) that the immediate
use of force was necessary to defend against that danger, and (3) that he used no more force than
was reasonably necessary to defend against that danger. See, CALCRIM No. 505.
To be convicted of involuntary manslaughter, a person must commit a lawful act, but act with
criminal negligence, causing the death of another person. A person acts with criminal negligence
when he acts in a reckless way that creates a high risk of death or great bodily injury and a
reasonable person would have known acting that way would create such a risk. See, CALCRIM
No. 581
A person cannot be convicted of a crime if the prohibited act was committed accidentally and
without criminal negligence. See, CALCRIM No. 3404.
10
CONCLUSION
The evidence examined shows that Ekanem was being attacked by a 73-pound pit bull. It is
common knowledge that this breed of dog is capable of inflicting serious bodily injury, or worse.
Having just bitten Auldridge, there was no question that the large canine posed a deadly threat to
Ekanem, and the other deputies. The use of deadly force by Ekanem and Dillard to defend
themselves against the charging pit bull was reasonable and necessary under the circumstances.
Ekanem fired his service weapon at the pit bull four times and Dillard fired twice. Tragically,
Armando G. was fatally struck by one of those rounds as he chased after the pit bull after it broke
free from its chain. There is no evidence that Ekanem or Dillard willfully intended to strike
Armando G. or that they fired their weapons in a criminally negligent manner. Instead, the
evidence shows that Armando G. was struck by a bullet that ricocheted as the deputies fired at the
dog. The deformed bullet recovered during the autopsy, the ragged edges to the entrance wound
and the lack of an exit wound all corroborate the conclusion that the bullet that struck Armando G.,
hit something hard before entering him.
The six bullet impacts correspond with the six rounds fired by Dillard and Auldridge. The impacts
provide further corroboration that Dillard and Ekanem were not firing in a criminally negligent
manner. Four of the impacts were to the ground, and one to the bottom of the rolling gate, where
the pit bull was attacking Ekanem. These five strikes are consistent with the deputies firing in a
downward direction at the pit bull, rather than toward Armando G. in the driveway. The sixth
impact was to the north wall, away from where Armando G. was when he was struck. The
multitude of bullet fragments and the shrapnel wounds to Auldridge and Shreves are also
consistent with rounds striking something hard in the vicinity of the dog attack.
Because Dillard and Ekanem were justified in using deadly force, and there is no evidence that the
deputies acted with criminal negligence, there is no criminal liability for the ricocheting round that
accidentally struck Armando G.
We conclude that Sergeant James Dillard and Deputy Victor Ekanem acted lawfully when they
used deadly force to defend against a pit bull attack and that one of the fired rounds accidentally
struck Armando G. We are therefore closing our file and will take no further action in this
matter.